New York Court of Appeals October 23, 2012 (People v. Cajigas)

OPINION OF THE COURT

Graffeo, J.

In this case involving the violation of an order of protection, we consider whether the mens rea element of burglary may be satisfied by an intent to commit an act that would not be illegal in the absence of the order.

In 2005, defendant Norman Cajigas moved into the apartment where his paramour, Maria, resided with her teenage daughter.